Title 29 — Judicial Procedure, Criminal

As used in this chapter: 1. "Arrest warrant" means any document that authorizes a peace officer to take custody of a person. 2. "Certified copy" means a copy of a document accompanied by a statement of a custodian authorized by the law of a state to maintain the document that the…

The law of pretrial release of this state governs release of a person pursuant to sections 29-30.3-06, 29-30.3-13, 29-30.3-19, and 29-30.3-21.

This chapter and proceedings under it are not exclusive and do not affect the authority of this state to: 1. Try a demanded or requested person for a crime committed within this state; 2. Take custody of a demanded or requested person by extradition or rendition proceedings for t…

1. A peace officer may arrest a person without an arrest warrant upon probable cause to believe that the person is the subject of another state's arrest warrant issued for: a. Commission of a crime punishable by death or imprisonment for a term exceeding one year; b. Escape from …

1. The magistrate shall inform the person appearing pursuant to section 29-30.3-04 or 29-30.3-05 of: a. The name of the other state that has subjected the person to an arrest warrant; b. The basis for the arrest warrant in the other state; c. The right to assistance of counsel; a…

1. If the person is not arrested pursuant to section 29-30.3-12 or 29-30.3-18 within the period specified in the arrest warrant or other process, the magistrate for good cause may issue further orders under subsection 3 of section 29-30.3-06 for additional periods not exceeding a…

1. The governor may recognize a written demand by an executive authority for the extradition of a person, alleging that the person: a. Is charged with a crime in the demanding state; or b. Having been charged with or convicted of a crime in the demanding state has: (1) Escaped fr…

A demand for extradition must be accompanied by a certified copy of an arrest warrant and one of the following: 1. A statement by the issuing authority that the arrest warrant was issued after a determination of probable cause to believe that a crime has been committed and the de…

The governor may: 1. Investigate the demand for extradition and the circumstances of the demanded person; 2. Request the attorney general or any state's attorney to investigate; or 3. Hold a hearing.

The guilt or innocence of the accused as to the crime with which the person is charged may not be inquired into by the governor or in any proceeding after a demand for extradition has been presented to the governor or a demand for rendition has been filed with the attorney genera…

1. If a demanded person is being prosecuted, is imprisoned, is on parole or probation, or is subject to an order arising out of a criminal proceeding, in this state, the governor may: a. Grant extradition; b. Delay action; or c. Agree with the executive authority of the demanding…

1. If the governor decides to comply with the demand for extradition, the governor shall issue a warrant for the arrest and extradition of the demanded person. The governor's warrant must recite the name of the state demanding extradition and the crime charged or other basis for …

1. A person arrested under a governor's warrant must be brought before the nearest available magistrate who shall receive the warrant and inform the person of: a. The name of the state demanding extradition; b. The crime charged or other basis for the demand; c. The right to assi…

1. If the magistrate after hearing finds that the governor has issued a warrant supported by the documentation required by subsection 1 of section 29-30.3-08 and section 29-30.3-09, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 unless the …

1. Subject to subsections 2 and 3, this state may grant a written request by an issuing authority of another state for the rendition of a person in this state. 2. The request must be refused if the requested person is: a. Being prosecuted or is imprisoned in this state for a crim…

A request for rendition must be accompanied by a certified copy of the arrest warrant and one of the following: 1. A statement by the issuing authority that the arrest warrant was issued after a determination of probable cause to believe that a crime has been committed and the re…

A request for rendition under section 29-30.3-15 must be filed with the attorney general's office, which office shall forward the request to the proper state's attorney. The governor by written order may terminate the use of rendition at any time before the issuance of an order t…

Upon receipt of a request under section 29-30.3-17, the prosecuting official shall apply to a magistrate for the issuance of an arrest warrant, or other process, to obtain the appearance of the requested person. If the magistrate finds that the provisions of sections 29-30.3-15 a…

1. The magistrate shall inform the person appearing pursuant to section 29-30.3-18 of: a. The name of the state requesting rendition; b. The basis for the arrest warrant in the other state; c. The right to assistance of counsel; and d. The right to require a judicial hearing purs…

1. If the magistrate after hearing finds that sections 29-30.3-15 and 29-30.3-16 have been complied with, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 unless the arrested person establishes by clear and convincing evidence that arrested p…

1. Except as provided in subsection 2, a judicial order to transfer custody issued pursuant to section 29-30.3-06, 29-30.3-13, 29-30.3-14, 29-30.3-19, or 29-30.3-20 must direct a law enforcement officer to take or retain custody of the person until an agent of the other state is …

An agent who has custody of a person pursuant to an order to transfer custody issued in any state may request confinement of the person in any detention facility in this state while transporting the person pursuant to the order. Upon production of proper identification of the age…

Unless the states otherwise agree, the state to which the person is being returned shall pay the cost of returning the person incurred after transfer of custody to its agent.

1. A person returned to this state is subject to the law of this state as well as the provisions of law that constituted the basis for the return. 2. This chapter does not limit the powers, rights, or duties of the officials of a demanding or requesting state or of this state.

If a person returned to this state is found not to have violated the law that constituted the basis for the return, the magistrate may order the county or state to pay the person the cost of transportation and subsistence to: 1. The place of the person's initial arrest; or 2. The…

When the charged offense is a felony, the expenses of returning the demanded person to this state must be paid out of the state treasury, on the certificate of the governor and warrant of the county auditor and in all other cases they must be paid out of the county treasury in th…